§ 42-92-3 - Award of reasonable litigation expenses.
SECTION 42-92-3
§ 42-92-3 Award of reasonable litigationexpenses. – (a) Whenever the agency conducts an adjudicatory proceeding subject to thischapter, the adjudicative officer shall award to a prevailing party reasonablelitigation expenses incurred by the party in connection with that proceeding.The adjudicative officer will not award fees or expenses if he or she findsthat the agency was substantially justified in actions leading to theproceedings and in the proceeding itself. The adjudicative officer may, at hisor her discretion, deny fees or expenses if special circumstances make an awardunjust. The award shall be made at the conclusion of any adjudicatoryproceeding, including, but not limited to, conclusions by a decision, aninformal disposition, or termination of the proceeding by the agency. Thedecision of the adjudicatory officer under this chapter shall be made a part ofthe record and shall include written findings and conclusions. No other agencyofficial may review the award.
(b) If a court reviews the underlying decision of theadversary adjudication, an award for fees and other expenses shall be made bythat court in accordance with the provisions of this chapter.